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Kent County Court Proceedings, 1676-1698
Volume 557, Page 632   View pdf image (33K)
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632

first Article of his reasons its said to be John Wade alias dictus
John Wade of Kent County consequently within the Jurisdicon
of this Court but as long as the acc.o and declr are agreeable
to the Writt and that it contained certainty and verity for that
is the foundacon of the suit whereunto the defend.t must answer
and wherupon the Court is to give their Judgm.t and therfore I
presume no cause of error Cook Inst fol 303

4.thly
The Defend.t declares that the Medicines and other meanes are
were not delivered att the Especial Instance and request of him
the said Wade but were brought to the house of the aforesd
Wade without the privity or consent which seemes very
improbable that the plt should be soe slack of imploym.t
or that his meanes should be of soe smale a value as to destroy
his owne intrest and farther run him selfe under the lath of
forcible Entry 5.th of of Rich y.e 2.d Cap 7 look insti folio 257 &
in the same Article he father questions wether he be qualifid
of Administring Meanes which I loane to the Defend.t to examine
but certaine I am he hath practiced for many yeares
facit usus promitus and custom became a Law look Inst fo 110

5.thly
The Defend.t declares that the plt brought his Accon upon Indebitatus
Assumptis which is acc.o made up what fairer way cann there
be for an acc.o then D.r and l.z for the acc.o is the substance Itob
55 Tryall p pais fol 142

6.thly
The Defend.t declares that the plt never demanded the debt
that is sufficiently proved for the writt is a demand look Inst
291 Title demand and not ondly soe but wee proceeded according
to our Act of Assembly went to the house of the Defend.t &
demanded aforsd debt therfore I hope Your Worships will
be advised by the learned sages int Law my Lord look &
several others learned authors and conclude as King Edw.d
the Third and Queene Eliz hath provided that without any
[illegible] of any imp.rfection defect or want of forme in
any Writt returne plaint or declaracon confirme the aforesaid
Judgm.t looke In statutes folio 304
                                            Jones p qr


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 632   View pdf image (33K)
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